Law-enforcement aspect of the influence practice of Strasburg Court of the Council of Europe on national legal activity
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 0, Issue 0
Abstract
The article is devoted to the research of modern scientific approaches to the understanding of such existing general theoretical legal categories as «law enforcement function of the state», «law enforcement activity», «law-enforcement relations» and defined on their basis the concept, essence and characteristic features of the law-enforcement aspect of the influence of the practice of the European Court of human rights on legal activity in Ukraine. According to the results of the study, the author proposes such a definition of «law-enforcement aspect of the influence of ECHR practice on legal activity in Ukraine»: the action of the decisions Strasbourg Court of the Council of Europe on the consciousness and behavior of law-enforcement actors in order to restore the infringed rights of the complainant, bringing to account the perpetrators violation of the Convention's human rights and freedoms and prevention of their violation in the future, as well as the result of this action. The law-enforcement aspect of the influence practice of ECHR on legal activity in Ukraine is inherent in the following essential features: 1) in its legal nature, influence is a dynamic phenomenon; 2) represents the effect of the decisions of the ECHR and its outcome; 3) the object of this action is the legally significant behavior of the law-enforcement bodies of the state and their officials; 4) its purpose is to restore the rights of the complainant, to bring to justice the guilty parties in violation of the Convention's human rights and freedoms, to stop the continuing violations of human rights, and to prevent such violations by bodies and officials of public authority in the future; 5) the effectiveness of this action is manifested in the legal consequences for the subjects of law.
Authors and Affiliations
V. A Zavgorodniy
Keywords
Related Articles
- EP ID EP576103
- DOI 10.31733/2078-3566-2018-5-242-249
- Views 131
- Downloads 0
To the problem of the use of stimulants during interrogation
The author conducted a detailed review of the etymological content of this term. The data testifying to the problems of existence of this institution in the practice of law enforcement agencies of individual states are g...
Citizens’ right to self-defence as main guarantee of their security
The article deals with the essence of citizens' right to self-defense as the main guarantee of their security. The characteristic features of the citizens' right to self-defense are defined. The existing legislation regu...
The right to be a donor in Ukraine: legal regulation and problems of implementation practice
With the adoption of the Law of Ukraine "On the application of transplantation of anatomical ma-terials to man" on May 17, 2018, an algorithm for the creation of a unified state information system of transplantation, con...
Criminalistics providing of overcoming of counteraction criminal legal proceeding: raising of problem
The article is devoted determination of actuality and forming of directions of decision of problem of the criminalistics providing of overcoming of counteraction the criminal legal proceeding. It is marked, that one of c...
Newest approaches to firearms training in police universities with specific conditions of study
This article examines the novels of Ukrainian legislation related to firearms training of police officers, their shortcomings and proposals for improvement, as well as the proposed new effective means and methods firearm...